23A-44-2.(Rule 48(a)) Dismissal of charges by prosecution--Defendant's consent required during trial.
A prosecuting attorney may file a dismissal of an indictment, information, or complaint and the prosecution shall thereupon terminate. Such a dismissal may not be filed during a trial without the consent of the defendant.
Source: SDC 1939 & Supp 1960, §34.2204; SDCL, §23-34-7; SL 1978, ch 178, §535.